139.

Sample Indictment—Conspiracy to Interfere with Civil Rights by Threat of Force—Interference with Housing Rights—Aiding and Abetting

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA : CRIMINAL NO. ____________________ v. : (Conspiracy to Interfere with BRANDON F. SHELDON : Civil Rights by Threat of Force, 18 U.S. Code Section 241; : Interference with Housing Defendant Rights, 42 U.S. Code : Section 3631; Aiding and Abetting, 18 U.S. Code Section 2) INDICTMENT The Grand Jury for the District of Maryland charges that: On or about October 17, 1991, in and around Upper Marlboro, Maryland, in the State and District of Maryland, Southern Division, BRANDON F. SHELDON defendant herein, and John Boyd, did willfully conspire and agree to injure, oppress, threaten and intimidate Joan Bennett, an African-American woman, her sons, and Douglas Monahan, a white man, all inhabitants of the State of Maryland and citizens of the United States, in the free exercise and enjoyment of rights secured to them by the Constitution and laws of the United States, that is, the right to hold and occupy a dwelling without injury, intimidation or interference because of race and color, and the right to associate in that dwelling with persons of another race. It was part of the conspiracy to burn a cross near the dwelling at 9201 Armstrong Lane in Upper Marlboro, Maryland, which was occupied by Joan Bennett, her sons, and Douglas Monahan, and thereby to intimidate and to interfere with their rights to occupy their home, and freely associate therein with persons of another race. OVERT ACTS In furtherance of this conspiracy, and to accomplish its objectives, the defendant did perform and cause to be performed the following overt acts, among others, within the District of Maryland: On or about October 17, 1991, the defendant, BRANDON F. SHELDON, and John Boyd, talked about how they did not approve of the interracial family living at 9201 Armstrong Lane, and planned to burn a cross at or near their home. On or about October 17, 1991, defendant BRANDON F. SHELDON and John Boyd, obtained wood and constructed a five-and-one-half-foot tall wooden cross. On or about October 17, 1991, the defendant BRANDON F. SHELDON, and John Boyd, transported a wooden cross to a place near 9201 Armstrong Lane, doused it with diesel fuel, and set it afire. Title 18, United States Code, Section 241. COUNT TWO And the Grand Jury for the District of Maryland further charges: On or about October 17, 1991, in and around Upper Marlboro, in the State and District of Maryland, Southern Division, BRANDON F. SHELDON defendant herein, and John Boyd, aiding and abetting each other, by force and threat of force, did willfully injure, intimidate and interfere with, and attempt to injure, intimidate and interfere with, Joan Bennett, an African-American woman, her sons, and Douglas Monahan, a white man, because they were participating without discrimination on account of race in occupying a dwelling at 9201 Armstrong Lane in Upper Marlboro, Maryland, and by associating in that dwelling with persons of another race. Title 42, United States Code, Section 3631(b) Title 18, United States Code, Section 2 A TRUE BILL _______________________________ FOREPERSON DATE: ________________________ ______________________________ Lynne A. Battaglia UNITED STATES ATTORNEY [cited in Civil Rights Resource Manual 60]